>> bill cosby set to appear in court this noon, the lawyers want to keep the comedian own words from being used against him in his criminal case. good afternoon, i'm jim donovan. >> and i'm brooke thomas. thanks for joining us. cosby could also learn today when his sexual assault case will go to trial. "eyewitness news" reporter greg argos is live outside the

courthouse in norristown, with more on what we can expect this afternoon. greg? >> reporter: well, brooke, good afternoon, this is a pretrial hearing, essentially one of two things could happen here this afternoon, the judge could simply set a date for that trial, would last just about 30 minute or so. the other option is he could allow cosby's attorneys to explain why they believe certain pieces of evidence should knob be used in the trial, if that's the case, this hearing could last much longer. now, the 79 year old comedian is accused of sexually assaulting andrea constand, former temple basketball coach at health end ham coach back in 2004. she accuses bill cosby of giving her wine, drugging her and then assaulting her. cosby of course has denied these accusations, this afternoon his attorneys may try to have judge steven o'neil throw out two critical pieces of evidence against the comedian. one is deposition filed, giving 2005 civil lawsuit filed by can stand.

in it cosby admits to drugging other women and even describes the sexual relationship he had with constand saying it was concentual. his attorneys argue that deposition should have remained sealed, and cosby only agreed it after former montgomery county attorney general, bruce castor, promise the the comedian would not be charged criminally. cosby's attorneys are expected to ask the judge to throw out recorded phonecall between the comedian and constand's mother. they say cosby was unaware he was being recorded, and pennsylvania law requires both parties consent before a recording can be made. the prosecution points out, though, the records g was made in canada where constand and her mother lived and where one party consent is allowed. now today's hearing begins at 1:00. the comedian is expected and required to be here, he should arrive any minute. live here in montgomery county, greg argos, cbs-3, "eyewitness news". thank up, greg. well, jury selection begins today for the civil trial stemming from the deadly 2013 center city building collapse.

six people were killed and 13 people injured when a building under demolition collapsed and crushed a salvation army thrift store, at 22nd and market street. both the demolition contractor and his excavator face criminal charges, this trial will decide financial liability. >> in other news, an oregon man recorded missing has been found safe. philadelphia police say 19 year old nelson armstrong got separate from the friends on sunday night. investigators have not released where he turned up, but only say he has been reunited with his family. and take a look at this surveillance video, police are asking for the public's help in identifying a robbery suspect. a man tried to rob a gas station convenience store on the 7400 block of ridge avenue, at gunpoint, last thursday. he ran away empty-handed when confronted by an employee. the next day, police say, that man successfully robbed a

dunkin' donuts in north philly. if you recognize this suspect call 911. >> authorities are investigating pair of deadly car accidents this noon. chopper three, right here, over riverton road and chatham court in cinnaminson, burlington county where pick-up truck hit a tree this morning, the driver's name has not been released. and chopper three was also there over another deadly accident. this one in upper darby delaware county. it happened at twp. line road and blith avenue 6:45 this morning. twp. line road closed between drexel and beer month road for the investigation. and, of course, much of our area was able to escape any major damage, hermine turned off the coast of new jersey, over the long holiday weekends, but some of the storms effects are being felt in the water. this is a live look at the surf in ocean city where rip countries, are still at dangerous levels. correspondent demarco morgan shows us how the storm is impacting parts of new england

. how long winds and fierce waves battered coastal massachusetts monday. even as it spins more than 100 miles off shore, hermine hit parts of cape cod, with gusts reaching 50 miles per hour. strong winds fueled these flames in rhode island, where emergency crews struggled to put out a fire at this ocean front home. just south of providence, a neighborhood lost power when a toppled tree snapped the utility pole. >> all the sudden i heard a crack. and it sounded like lightning. i ran out front, and saw the tree on the grounds, naturally, it happened in seconds. >> along the northeast coast, the rough surf and rip currents attracted thrill seekers, despite efforts from officials in new york to keep people out of the water. >> neck, back injury, getting flipped over by the waves, get pulled out by rip currents. it is a very dangerous to the public. >> still, the brunt of hermine

has mostly spared the region, a relief for todd from wellesley, massachusetts. >> any concern, when it was moving up from florida. >> pretty much from the beginning they thought it would stay east of us, which was fine with me. >> hermine is expected to come through a near stop and remain stationary. that simply means that the threat for dangerous rip currents and strong winds here in cape cod still hold. but tomorrow, forecasters predict it, will head back out to sea. demarco morgan, cbs news, cape cod, massachusetts. thanks, demarco. here at home we are enjoying pretty much perfect day and soon i hear it will start heating back up again. meteorologist, katie fehlinger outside possibly enjoying the sunshine, katie? how is it feeling out there so far? >> great out here, absolutely. yes, nice and comfortable, even just like the fact, temperatures warmer today than they were yesterday. couple of degrees above the average with the expected daytime highs here. with low humidity, you can give me as much as you want, still feels good outside.

and certainly with bit of breeze, too, just nice this afternoon. let's take you out to wider zoom and see what hermine is now up to. again, this is post tropical cyclone, but categorization aside, you know, we heard in demarco's story there, this is sitting and spinning, still keeping the very choppy surf in place, and that means that even despite what looks like pretty pleasant day around most of the region, although you do have more clouds at the immediate coastline, still best to stay on dry land because rough surf, some higher wave heights, dangerous rip currents, and just generally unsafe conditions in the ocean continue to be a running theme, for all of the coastal communities. so that said, many of the kids, and certainly maybe you, have already headed back to work here, start getting back into the fall routine, we are actually looking ahead here to plenty decent warmth, not to mention humidity. today's high expected to top off upper 80s in the city. in the days ahead that dew point will climb higher, and higher, and higher, so it not only turns little more

oppressive, as i mention, right before the show started, we are looking ahead to couple of days in the 90s. we'll have all of the details in the full forecast later in the show, guys, back into you for now. >> thank you, katie. now in campaign 2016, just about nine weeks until election day, voters will head to the polls to elect the next president of the united states, in less than 62 days. and the race for the white house is making another stop in philadelphia. donald trump was just here on friday, the republican presidential nominee will be back in town tomorrow for an event at the union league. on the democratic side, hillary clinton is campaigning in the battlegrounds state of florida today. she is holding a rally for supporters in tampa. meanwhile, lawmakers are returning to washington after a seven-week break, but they won't be in session for long. since it is an election year, many lawmakers are scheduled to leave town in early october to campaign. that will leaves members of the house and senate about four weeks to find a compromise on a spending bill by october 1st, or list ac government shutdown.

president obama is in laos this noon, attending meeting of the association dollars of southeastern asian nations. he has met with leaders from laos and south korea so far, pledged $90 million to help laos remove unexploded bombs from the viet nam era. president obama will not meet with the president of the philippines after a remark made by that president about human right issues. >> for many families, it is back to school time. for one family in sick remember ville, back to school and on tv time. check this out. our pat gallen was live at the riley house with mom, dad and their three awesome kids as they got ready for the first day of school at saint mary's in williamstown. they pack lunches, got their back passion together, and got ready for another exciting year. >> what's your favorite subject in school? >> art. >> art? ya, you like to draw? >> yes. >> and you're hockey player, right? so you have to do school and who canny? >> yes. >> that's a lot. are you ready for that? >> yes. >> you play hockey, too? >> yep.

>> are you ready for homework and who canny? you are going into kent err garden, are you so excited? >> yes. >> how about that bo on your head i love your bo. >> thank you. >> which school in session, many kids are going to bed earlier. and it turns out, an early bed time could have lasting health effect. new study is suggest having late bed time is linked to greater obesity risk later in life. doctors recommend preschool age children go to bed by 8:00 p.m., and parent stick to regular bed time routines for all kids. >> coming up: former fox news anchor gretchen carlson has settled her sexual harrassment law. >> the details next on cbs-3 "eyewitness news", plus caught on camera. vandals toppled iconic landmark, one that stood for thousands of years. >> and this story just keeps getting better and better. fsu football player's act every kindness went viral. but wide receiver travis rudolph didn't stop there. coming up how he thrilled his number one fan during the florida state foo

for senate, a clear difference. katie mcginty: for background checks, for banning assault weapons, and banning high-capacity ammunition clips. and pat toomey? against an assault weapons ban and against banning high capacity ammo clips like those used in the orlando massacre. listen to pat toomey brag: "i have had a perfect record with the nra." pat toomey gets an "a" from the nra. he's not for you. senate majority pac is responsible for the content of this advertising.

with outrageous video you can see vandals damage ago delicate rock formation in oregon. cell phone video caught group of people knocking over iconic sands stone formation in cape kuanda state park, in a section of the park that's off limit to visitors because of how dangerous it is. we're told that people responsible face finals, and possible lifetime ban, from all oregon state park. >> authorities in three state now say they are investigating after reports of a man dressed

up in a clown costume, trying to lure children into the woods. >> now, police say the most recent incident happened sunday night in winston salem north carolina, they say two kids were playing outside when they heard a noise coming from the woods. kids say when they went to look, a man dressed in a clown costume offered them treats if they would walk into the woods. >> it was a man in the woods saying come here, we got ice cream and candy. >> i'm not sure what to believe, because the way these kids were last night, the way they were today, they woke up still scared. >> now, so far there has been report of similar lurings in north carolina, south carolina and wisconsin. former fox news anchor gretchen carlson has settled her sexual harrassment lawsuit against her former boss, roger ails, for reported $20 million. carlson allege that she was demoted and then fired from fox after she refused to sexual advances. now, he has denied the allegations. but he ultimately stepped down as the network's chairman and

ceo after other women came forward. fox's parent company launched an investigation. >> well the young boy with autism who had lunch with the florida state football star last week is enjoying yet another surprise. hena daniels shows us what fsu's travis rudolph had in store for his young friend now. >> florida state-wide receiver, travis rudolph, continues his winning streak on and off the field. one every his biggest fans, sixth grader bo, cheering him on. >> travis rudolph is a great football player and an awesome superstar. >> the star player made national headlines when this moment of kindness went viral. five florida state players were visiting bo's tal has i middle school as part of a community service program when rudolph saw bo sitting alone in the cafeteria. >> once i got up, i just see him by himself, hey, like a spotlight i guess, something

clicked in my head, let me go ask him if i can sit with him. >> bo is autistic, most days no one sat next to him during lunch. his mother, lea, thanked rudolph for this heartwarming gesture on facebook. >> i don't know what made him pick bo, but i'm so grateful he did. >> while everyone wants to sit with bo at school now -- >> i'm a superstar. everybody recognizes me. >> his superstar streak isn't over yet. on monday, bo was invited by rudolph to meet the entire team and watch the game. bo received big hugs, and even got his own personalized jersey. hena daniels, for cbs-3, "eyewitness news". >> what a great story. well, there are thousands and thousands of disappointed beyonce fans today. >> thousands. okay? coming up we'll tell you why queen bee is postponing tomorrow night's concert in new jersey and we'll let you know whether her upcoming philadelphia show will be affected. katie? >> brooke, looking ahead to the return of summertime heat. that's right. several days are going to top

off at least 90 degrees, we'll tell you which days and just how high into the 90s are we expecting theater mom tear to

he's making it up. of course, anyone who commits a violent crime needs to be prosecuted -- and put behind bars. narrator: katie mcginty will keep us safe -- more police on the streets, better training and equipment, and take on the gun lobby for gun safety laws. katie: i'm the daughter of a police officer, and the mother of three. i'll stand with law enforcement to fight crime, and protect our families. i'm katie mcginty, and i approve this message.

>> attention beyonce fans, postponed tomorrow's concert. officials say beyonce vocal cords just need a rest. queen bee has a concert in philly later this month. we're told that concert still on. >> that cons earth is canceled you'll have a nervous breakdown, we'll have to rush her to the er, i just no, i know, katie. >> that's it. >> we have to make sure, take care of queen bee. >> exactly. >> you know what, though, the

woman never takes a break. let's give her a break, right? she deserves it. >> so, as far as our weather is concerned, you know it, will feel like it is summertime all over again. here we have few days top off to the 90s, still talking about these effect of what's been going on with hermine, still out there, still turning up the surf but at least something that's finally coming along, finally shove it out of our hair and that will come in the form of frontal boundary, which actually is really going to do nothing more than to help keep things up here in our area. so let's get you out there, show you what's happening on storm scan, wider zoom first. start things off just by looking at the circulation, around what's left of hermine, again, post tropical cyclone at this point. it is still brinking in some rain bands across portions of new england, long island, here, just rough surf and certainly some cloud cover. you will see that in the live neighborhood network shot. here is the frontal boundary that's going to be responsible for helping to shove this out of the way. now, more than anything, what

we end up with from it in the way of precipitation is maybe a pop up shower or thunderstorm. that's really it. but in the meantime, we are going to have the chance to heat up, see more of southerly wind flow kick in, help to bring back some of that moisture, so it turns more humid, and certainly is going to be reflective, the heat that is on the thermometer in the days ahead. what's left of hermine, pulling away ever so slowly, turning more humid tomorrow flirting with 09 by tomorrow, then as the cold front advances, we are actually going to have chance to rebound right back into the 900's. so, that front comes along wednesday night, into thursday, especially, but it looks like the main brunt of that moisture bypasses us to the north. so that's why we're only allowing for pop up shower or thunderstorm along the way, friday is going to be another hot day. we will actually challenge record highs that day, as we top off at 93, and this is very old record to beat, we would have to hit 94 to tie it. but dates back to 1884. really long standing record.

meanwhile the health report for the rest of today, pretty high pollen left, haven't had ton of rain lately, uv index is high, heat index low, again, i'm wearing dark color, just out on the skydeck, feels really comfortable outside. do you need some sunglasses though because it is bright. now here is the darker shot that i had promised you, the high tide actually starting to recede right now outside beach patrol headquarters in margate. here's what i like to see, everybody either at the shore line or just past it, and sitting on the sand. i really would just advise against going out in the waves here at all, today, tomorrow, too. but then it is bright, and just completely clear blue skies for you overall outside whitfield elementary school in westmont, pa. depend where you are, what kind of cloud cover you'll get more sun than anything. eighty-six here at philadelphia international airport and the rest of the day, probably another degree tacked on to the daytime high. but the breeze helping to make this feel so verb g -- remembering g, out of the north, really means dry air in

place. tonight still pretty mild. still dry. and then here we go. heating it up 93 apiece both thursday, and friday. friday is the record challenging day. we keep the theme going saturday, too, that's when another front comes along though. may be more showers and thunderstorms saturday, possibly sunday, which is important, because it is eagles game day. we'll let you know the timing. >> you know the weekends that doesn't work for him. >> we'll work on that. >> summer is in no rush to go away. we'll be right back. >> not yet. >> oh, sore bye this, you're witnessing new world record coming to you from a bar in dubai, it is called domino drop shot. it is when a shot glass drops contents into another glass, dubai's puddle sports bar successfully dropped more than 4500 glasses of whiskey into 4500 energy drinks, bar bosses said it took 160 employees five months to plan the record breaker. >> and now we'll be

put under a microscope, we can see all the bacteria that still exists. polident's unique micro clean formula works in just 3 minutes, killing 99.99% of odor causing bacteria. for a cleaner, fresher, brighter denture every day. big oil polluters. they have a friend in pennsylvania. millionaire pat toomey. toomey voted to protect their special tax breaks. saving oil companies twenty-four billion dollars. and big oil polluters have given toomey seven hundred thousand dollars in campaign contributions.

tax breaks for them. campaign contributions for him. pat toomey. he's helping big oil polluters and millionaires. not the rest of us. lcv victory fund is responsible for the content of this advertising. >> coming up on "eyewitness news" at five, the lateness housing, called co-little, what you get and what you have to give up coming up at a . that's "eyewitness news" for today at noon i'm jim donovan. >> i'm brooke thomas. for all of us here thanks for waving. >> i'm katie fehlinger. "eyewitness news" continues at 5:00. on "eyewitness news". com. the young and the restless is next.

iso let me tell you what i knowe about senator pat toomey.. my mom was the principal at sandy hook school in newtown. she died that day protecting the young children in her care. when it came time to vote on background checks, pat toomey crossed party lines to do the right thing. that's who he is, and i'm grateful. independence usa pac is responsible for the content of this advertising.

for senate, katie mcginty or pat toomey? mcginty supports clean energy jobs. pat toomey voted to protect tax breaks for oil companies. mcginty is pro-choice. toomey wants to overturn roe v. wade and criminalize abortion. mcginty will consistently stand up to the gun lobby. toomey's against an assault weapons ban and gets an a rating from the nra. this year, pennsylvanians have a clear choice. senate majority pac is responsible for the content of this advertising.

>> nick: i wish i had the words to make this easier. there just aren't any. at the cabin, the -- the police found... adam's remains. he didn't make it. i'm so sorry. >> chelsea: no. no! [ crying ] no! no, no, no! no! no, no! i don't believe you. i don't believe you. no. adam is alive. no. this isn't real. this isn't -- this isn't real. because he said that -- he said that he would come back for me. he promised us. that's what he said. that's what he said. this isn't real. >> michael: i want you to know you have my deepest sympathies, and... >> chelsea: no. no, this isn't real. this isn't real. >> michael: look, i'll -- i'll give you two some time.